Man jailed for six years over fatal assault outside Rapid Creek shopping centre
Joseph Wunungmurra, 39, appeared in the Northern Territory Supreme Court on Thursday, after pleading guilty to assault and violent act causing death more than two years on from the attack.
The court heard that on March 7, 2023, Wunungmurra, along with two other men, repeatedly assaulted a 37-year-old Yolŋu man referred to as G.G. outside the Rapid Creek shopping centre, following an altercation earlier that night.
Justice Jenny Blokland said the victim was kicked several times and hit with "forceful overhead swings" about ten times by the trio.
She said witnesses also reported seeing the victim being "stomped" on the head as he lay unconscious in the shopping centre parking lot.
The court heard that the group left G.G. for a short time, before Wunungmurra returned to the victim, who was still unresponsive, and struck him to the head with sticks.
Bystanders called emergency services and performed CPR until police and paramedics arrived, however G.G. could not be revived and died at the scene.
The court heard an autopsy had ruled that the cause of G.G.'s death was a rupture in the heart, caused by attempts to resuscitate him with CPR.
However, Justice Blokland said the three men involved in the assault had all "substantially contributed" to his death.
"CPR would not have been required if the three offenders had not chosen to attack the deceased in the manner they had," she said.
Justice Blokland also read out part of a victim impact statement written by G.G's mother, who has since died.
"When I first heard that my son was killed, I felt very sad and angry … my son was a NDIS client, he was a sick boy," the statement said.
"He could not defend himself … he died alone.
"My heart hurts because of what happened."
The court heard G.G's family members were listening in to the court proceedings from the Milingimbi police station.
Justice Blokland said while Wunungmurra may not have intended to kill G.G., his actions displayed a "high level of disregard" for the victim's safety.
She said Wunungmurra "took advantage of the high level of vulnerability" of the victim by assaulting him while he was unconscious .
Wunungmurra also pleaded guilty to assaulting a woman with a metal pole earlier in the evening, in a separate incident.
Wunungmurra was sentenced to six years in prison, with a non-parole period of three years.
His sentenced was backdated to March 2023, when he was arrested and remanded in custody.
Justice Blokland noted that during his time on remand, Wunungmurra had not participated in any corrections programs due to being on a waitlist and had not received visits from anyone besides his lawyers.
Wunungmurra's defence lawyer Mark Thomas told the court his client required a translator, but that an interpreter due to attend to translate the judge's sentencing remarks had been unable to be located.
Wunungmurra's two co-accused, Jerad Gurruwiwi, 19, and Brendan Marrtjiku, 34, have already been sentenced over the fatal attack on G.G.
Gurruwiwi was sentenced to four-and-a-half years in prison, to be suspended after two years, while Marrtjiku was given five years and seven months behind bars.
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